|
4
<br />conduits, pipes), the District shall be solely responsible for rectifying and
<br />resolving any such damage, harm, or impairment.
<br />
<br />i) Hazardous Materials: With respect to the existence or use of Hazardous
<br />Materials (as defined below) within the Licensed Area, the Parties agree to
<br />the following provisions for this License Agreement:
<br />
<br />i. As used herein, the term “Hazardous Materials” means any
<br />hazardous or toxic substance, material, or waste which is or becomes
<br />regulated by any local governmental authority, the State of
<br />California, or the United States Government. The term “Hazardous
<br />Materials” includes, without limitation, petroleum products,
<br />asbestos, PCB's, and any material or substance which is (i) defined
<br />as hazardous or extremely hazardous pursuant to Title 22 of the
<br />California Code of Regulations, Division 4.5, Chapter 11, Article 4,
<br />Section 66261.30 et seq., (ii) defined as a “hazardous waste”
<br />pursuant to Paragraph 5 of 42 U.S.C. § 6903, the federal Resource
<br />Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), or (iii)
<br />defined as a “hazardous substance” pursuant to Paragraph 14 of 42
<br />U.S.C. § 9601, the Comprehensive Environmental Response,
<br />Compensation and Liability Act (42 U.S.C. § 9601 et seq.). As used
<br />herein, the term “Hazardous Materials Law” shall mean any statute,
<br />law, ordinance, or regulation of any governmental body or agency
<br />(including the U.S. Environmental Protection Agency, the
<br />California Regional Water Quality Control Board, and the
<br />California Department of Health Services) which regulates the use,
<br />storage, release, or disposal of any Hazardous Materials.
<br />
<br />ii. District shall not cause or permit any Hazardous Materials to be
<br />generated, brought onto, used, stored, or disposed of in or about the
<br />Licensed Area or any improvements constructed by District
<br />pursuant to this MOU and License Agreement. District shall
<br />comply with all environmental laws.
<br />
<br />iii. Any handling, transportation, storage, treatment, disposal, or use of
<br />Hazardous Materials in or about the Licensed Area and any District
<br />improvements shall be the responsibility of District and shall strictly
<br />comply with all applicable Hazardous Materials Laws and the
<br />provisions of this MOU and License Agreement.
<br />
<br />iv. District shall indemnify, defend upon demand, and hold harmless
<br />the City and its governing board members, officials, officers,
<br />employees, agents, representatives, and consultants from and
<br />against any liabilities, losses, claims, damages, lost profits,
<br />consequential damages, interest, penalties, fines, monetary
<br />sanctions, attorneys' fees, experts' fees, court costs, remediation
<br />Page 69 of 228
|